Is There a Difference Between Postnuptial and Prenuptial Agreements?

Prenuptial agreements and postnuptial agreements essentially serve the same purpose: they help spouses protect their assets in the event of a divorce. Unfortunately, prenuptial agreements have a stigma attached to them, making couples reluctant to broach the topic. However, a prenuptial agreement does not necessarily mean you believe you will ever divorce your spouse. Instead, your prenuptial agreement is much like the emergency kit you keep in your vehicle. You hope to never have to use it, but you are still prepared for a worst-case scenario. That said, if you did miss out on the chance to draft a prenuptial agreement before tying the knot, you can still get a postnuptial agreement.

Prenuptial Agreements

People tend to think that prenuptial agreements kill the romance since it requires both parties to sit down and discuss how assets and property are to be divided if the marriage fails. Contrary to this belief, however, a prenuptial agreement can strengthen the bond of a couple. Learning to talk about uncomfortable topics and understanding what is financially important to one another is not irrelevant, especially if you hope to have a strong, long-lasting marriage.

Additionally, putting together a prenuptial agreement will help ensure that, if you do get divorced, the process will be far less messy since you already handled one of the most contentious issues. Moreover, handling these issues during a time when you both have each other’s best interests will ensure a better outcome compared to what you would get if you were to try to hash out a settlement during a time of hostility.

Postnuptial Agreements

You can both still protect your assets after you say, “I do.” Postnuptial agreements allow married couples the opportunity to determine how they wish to divide marital assets if they ever end up getting divorced, much like a prenuptial agreement. If you and your spouse are concerned about dampening the mood prior to your wedding, a postnuptial agreement will provide all the same benefits of a prenuptial agreement. Ultimately, their only difference is that one is entered into by both parties before marriage and the other is agreed to afterward.

Keep in mind, however, that after you get married, most of your assets will become marital property. If you want to make sure something remains separate, you should handle it before your trip to the altar.

Contact a Prenuptial or Postnuptial Agreement Attorney Today!

Regardless if you are planning on getting married or already tied the knot, it is never too late for both you and your spouse to protect your assets. A prenuptialor postnuptial agreement can help ensure that, if your marriage comes to an end, neither of you will find yourselves in a bad financial situation. At Kallen Law Firm, LLC, our family law attorneys have experience in helping clients create agreements that safeguard their financial futures. You might never have to use it, but you and your spouse will rest a lot easier knowing that you will not have to endure a lot of unnecessary stress and heartache dividing your assets during the divorce process.

Contact our law office today at (314) 441-7793 to request a free consultation with a member of our legal team.